Van Lengen v. Parr
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order unanimously reversed on the law with costs, motion denied and complaint reinstated. Memorandum: The court erred in dismissing plaintiff’s complaint for failure to allege special damages. A cause of action based on a publication that is defamatory per se need not include an allegation of special damages (Miller v Radin, 32 AD2d 1046; see generally, 43-44 NY Jur 2d, Defamation and Privacy, §§ 3-4, 167). In such cases, injury to reputation is presumed from the bare fact of the publication and there is no need to plead or prove specific injury or loss as a consequence (see, Hinsdale v…
2Cases cited9 opinions
- People v. AikenNew York Court of Appeals · 1978
- Mattice v. . WilcoxNew York Court of Appeals · 1895
- Gurtler v. Union Parts Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1955
- Hinsdale v. Orange County Publications, Inc.New York Court of Appeals · 1966
- Kleeberg v. SipserNew York Court of Appeals · 1934
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3Cited by14 opinions
- Butler v. RatnerAppellate Division of the Supreme Court of the State of New York · 1994
- Clemente v. ImpastatoAppellate Division of the Supreme Court of the State of New York · 2000
- Goldberg v. Coldwell Banker, Inc.Appellate Division of the Supreme Court of the State of New York · 1990
- Spring v. County of MonroeAppellate Division of the Supreme Court of the State of New York · 2017
- Elibol v. Berkshire-Hathaway, Inc.Appellate Division of the Supreme Court of the State of New York · 2002
9 more not listed; retrieve them via the Exa API.